IMPORTANT POINT
A disciplinary inquiry must follow procedural fairness, including the establishment's burden to prove charges through evidence, especially when major penalties are at stake.

JUDGMENT :

J.J. Munir, J.

1. The petitioner, Sarvesh Kumar Srivastava, has instituted the present writ petition challenging the order dated 24.12.2019 passed by the Chairman, Regional Authority Administrative Committee, Azamgarh Division, Azamgarh/Deputy Commissioner & Deputy Registrar (for short, 'the Disciplinary Authority'), dismissing the petitioner, a Cooperative Supervisor, from service after disciplinary proceedings. A recovery of the entire sum of money paid to the petitioner in salary from the date of his appointment till his dismissal has also been ordered by the Disciplinary Authority. Also under challenge is an appellate order dated 30.8.2023 made by the Member Secretary, State Level Authority Committee, Cooperative Federation Authority, Lucknow (for short, 'the Appellate Authority').

2. The petitioner's case is that his father, the late Ram Chandra Lal, was a Kaamgar, employed under the U.P. Cooperative Union. He died in harness on 7.1.1992. The record seems to show that the petitioner's father was in fact employed as a Cooperative Inspector. The petitioner was solely dependent on his deceased father for sustenance. Consequent upon his demise, the petitioner applied for grant of compassionate appointment. An application was made by Smt. Nirmala Devi, the petitioner's mother, for the purpose, to the respondents on 18.6.1992. During the course of consideration of the petitioner's claim, a complaint was laid to the effect that the petitioner was not the late Ram Chandra Lal's son. This complaint appears to have been made by someone, claiming herself to be Vimla Devi, the late Ram Chandra Lal's wife. It said that she has no son, but merely relatives. A copy of the complaint was communicated to the petitioner's mother, Smt. Vimla Devi, wife of the late Ram Chandra Lal. Smt. Nirmala Devi, in response to the communication dated 18.12.1997, a copy of which was marked to her, moved an application dated 31.12.1997, enclosing with it all documents, relating to the petitioner. It was said that on account of animosity amongst the the family, a frivolous complaint had been made.

3. On the 27th of April, 1998, the Deputy Registrar, Cooperative Societies, U.P., Lucknow forwarded all papers relating to the petitioner's appointment to the Managing Director, U.P. Cooperative Union Ltd., Lucknow. Later on, the matter was laid before the State Level Administrative Committee in a meeting of their's held on 18.5.1999. A decision was taken vide Resolution No. 15 of the said date to grant compassionate appointment to the petitioner. Based upon the said decision, the Managing Director, U.P. Cooperative Union Ltd., Lucknow passed an order dated 1.6.1999, directing the Deputy Registrar, Cooperative Societies, Varanasi to issue an appointment letter in the petitioner's favour. In compliance with the aforesaid direction of the Managing Director, the Deputy Registrar, Cooperative Societies/Chairman, Regional Level Committee, Varanasi issued an appointment letter dated 27.6.1999, appointing the petitioner on the post of a Cooperative Supervisor on compassionate basis. The petitioner joined service on 20.7.1999. He has thereafter rendered continuous service. The petitioner says that he has been posted at different places since his appointment. He was posted in the year 2012 at Sarai Meer, Azamgarh. While posted at Sarai Meer, the petitioner was given officiating charge of the Sarai Meer Branch of the District Cooperative Bank, Azamgarh. The petitioner's work and conduct, according to him, has been satisfactory and there is no cause for complaint.

4. In the year 2016, Mr. Krishna Murari Lal, Advocate, moved an application under the Right to Information Act, 2005, seeking copies of some documents pertaining to the petitioner. Acting on the basis thereof, the Appellate Authority, vide a memo dated 6.1.2016, required the petitioner to submit a certified copy of his Pariwar Register and the original of his succession certificate. In response, the petitione